Ruby Dean, a fashion designer ordered 100 bales of cotton from Gemini Distributors, a noted textile dealer
Prior to agreeing upon the purchase price and the other terms of the sale, Ruby visited Gemini's warehouse and inspected the cotton but failed to notice a defect in the material that would make it unusable. Upon delivery of the cotton, Ruby noticed the defect and refused to accept and pay for the goods. Which of the following statements is TRUE?
A) Gemini has breached a condition of the contract.
B) Having taking advantage of the opportunity to inspect the goods, Ruby must pay for the goods.
C) Ruby can legally refuse to accept and pay for the goods as Gemini had a duty to supply useable goods.
D) Ruby can cancel the contract owing to the defect in the goods.
E) Gemini has breached a warranty of the contract.
A
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